Ideology in the Supreme Court

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Publisher : Princeton University Press
ISBN 13 : 0691204136
Total Pages : 283 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Ideology in the Supreme Court by : Lawrence Baum

Download or read book Ideology in the Supreme Court written by Lawrence Baum and published by Princeton University Press. This book was released on 2020-06-09 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.

The Supreme Court Phalanx

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Publisher : New York Review of Books
ISBN 13 : 1590172930
Total Pages : 91 pages
Book Rating : 4.5/5 (91 download)

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Book Synopsis The Supreme Court Phalanx by : Ronald Dworkin

Download or read book The Supreme Court Phalanx written by Ronald Dworkin and published by New York Review of Books. This book was released on 2008 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A New York Review Books collection"--Cover.

Influences on the Decisions of the United States Supreme Court

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3656913269
Total Pages : 50 pages
Book Rating : 4.6/5 (569 download)

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Book Synopsis Influences on the Decisions of the United States Supreme Court by : Steven Bartomioli

Download or read book Influences on the Decisions of the United States Supreme Court written by Steven Bartomioli and published by GRIN Verlag. This book was released on 2015-03-05 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2014 in the subject Law - Comparative Legal Systems, Comparative Law, grade: -, Norwich University, language: English, abstract: What influences the way the Supreme Court decides a disposition of a case? Using data the Supreme Court Compendium ranging from 1946 to 2009 and varying sources of literature in the field, I developed several hypotheses: (1) On an individual level an increase overtime of the justices’ liberality; (2) the Supreme Court is influenced by public opinion directly or indirectly via Congress; (3) justices will offer opinions consistent with the ideals of their nominating President; and (4) the justices will formulate opinions consistent with that of the Chief Justice. Upon conclusion of my scholarly research and combination of data tables I found that there is a trend of ideology shifting from conservative towards more liberalism. Based upon the influence of the public on Congress I develop a new type of model I appropriately call the Legislative Model; the justices are policy driven. The president tries to nominate individuals with his ideology which shows through, however this can often be trumped by the influence of the Chief Justice on the ideology of individual justices. Based upon the research done for this paper, we can better understand what drives the opinions of the Supreme Court, directly and indirectly.

The Rights Paradox

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Publisher : Cambridge University Press
ISBN 13 : 1108832091
Total Pages : 195 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Rights Paradox by : Michael A. Zilis

Download or read book The Rights Paradox written by Michael A. Zilis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens to the legitimacy of the Supreme Court when it protects 'equal justice under law'?

The Judicial Mind

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Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Judicial Mind by : Glendon A. Schubert

Download or read book The Judicial Mind written by Glendon A. Schubert and published by . This book was released on 1965 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Supreme Court Decision-Making

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Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Supreme Court Decision-Making by : Cornell W. Clayton

Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

The Authority of the Court and the Peril of Politics

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Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

The Supreme Court

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Publisher :
ISBN 13 : 9780871873439
Total Pages : 0 pages
Book Rating : 4.8/5 (734 download)

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Book Synopsis The Supreme Court by : Lawrence Baum

Download or read book The Supreme Court written by Lawrence Baum and published by . This book was released on 1985 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Behavior of Federal Judges

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Publisher : Harvard University Press
ISBN 13 : 0674070682
Total Pages : 491 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Behavior of Federal Judges by : Lee Epstein

Download or read book The Behavior of Federal Judges written by Lee Epstein and published by Harvard University Press. This book was released on 2013-01-07 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

The Hollow Hope

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Publisher : University of Chicago Press
ISBN 13 : 0226726681
Total Pages : 541 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Hollow Hope by : Gerald N. Rosenberg

Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

When Labels Fail

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Publisher : Xlibris Corporation
ISBN 13 : 1450081282
Total Pages : 219 pages
Book Rating : 4.4/5 (5 download)

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Book Synopsis When Labels Fail by : C.B. Shotwell

Download or read book When Labels Fail written by C.B. Shotwell and published by Xlibris Corporation. This book was released on 2006-09-06 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: WHEN LABELS FAIL: A PARADOXICAL VIEW OF THE SUPREME COURT As in recent actions of the Supreme Court concerning same sex marriage and the Affordable Care Act, don ́t be surprised when pundits and ideologues fail at predictions regarding pending decisions of the Court. This book explains why so many get it wrong so often. At root cause are erroneous preconceptions about the Court. "I ́m not big on labels" replied retiring Associate Justice John Paul Stevens during an interview concerning changing blocs on the Supreme Court. “I don’t use labels to describe what I do” is how Supreme Court nominee Sonia Sotomayor responded during her confirmation hearing when a senator sought to categorize her judicial philosophy. Simplistic labels for the justices have repeatedly misled Presidents, Senators, lawyers, and pundits with regard to the performance of justices on the Supreme Court. Despite best efforts to predict behavior of nominees for the Court, the justices defied political categorization, such as: • The Virginia lawyer who lost his states’ rights case before the Supreme Court, but went on to support Federalist Party causes as Chief Justice. • The ex-Federalist Party politician and Secretary of the Treasury who as Chief Justice strongly supported states’ rights. • The esteemed Massachusetts justice who outraged the progressive president who nominated him to the Court by voting to strike down key anti-trust legislation. • The co-founder of the American Civil Liberties Union who shocked former colleagues by consistently voting to curtail civil liberties and civil rights in cases before the Court. • The staunch New Deal supporter who over his long tenure on the Court came to favor individual rights and liberties over governmental power. • The former Ku Klux Klan member who helped forge a unanimous Court ruling in the seminal decision against racial segregation. • Appointed by a liberal Democratic president, the justice who steadfastly supported law and order, the right to life, and other conservative causes. • An originalist whose conservative methodology frequently leads to liberal results. This book explores the origin of the separation of powers doctrine, how the Constitution created a judiciary designed to stand apart from the “political” branches of government, and how justices have asserted independence as a third branch of government from John Jay to John Roberts. For more information, go to: www.courtpolitics.weebly.com

Ideology in America

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Publisher : Cambridge University Press
ISBN 13 : 1107394430
Total Pages : 225 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Ideology in America by : Christopher Ellis

Download or read book Ideology in America written by Christopher Ellis and published by Cambridge University Press. This book was released on 2012-04-16 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public opinion in the United States contains a paradox. The American public is symbolically conservative: it cherishes the symbols of conservatism and is more likely to identify as conservative than as liberal. Yet at the same time, it is operationally liberal, wanting government to do and spend more to solve a variety of social problems. This book focuses on understanding this contradiction. It argues that both facets of public opinion are real and lasting, not artifacts of the survey context or isolated to particular points in time. By exploring the ideological attitudes of the American public as a whole, and the seemingly conflicted choices of individual citizens, it explains the foundations of this paradox. The keys to understanding this large-scale contradiction, and to thinking about its consequences, are found in Americans' attitudes with respect to religion and culture and in the frames in which elite actors describe policy issues.

Ideas of Power

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Publisher : Cambridge University Press
ISBN 13 : 1108476791
Total Pages : 221 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Ideas of Power by : Verlan Lewis

Download or read book Ideas of Power written by Verlan Lewis and published by Cambridge University Press. This book was released on 2019-05-02 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book presents a new understanding of ideological change. It shows how and why America's political parties have evolved.

Intellectual Morons

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Publisher : Forum Books
ISBN 13 : 1400082692
Total Pages : 220 pages
Book Rating : 4.4/5 ( download)

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Book Synopsis Intellectual Morons by : Daniel J. Flynn

Download or read book Intellectual Morons written by Daniel J. Flynn and published by Forum Books. This book was released on 2004-09-21 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do well-educated antiwar activists call the president of the United States “the new Hitler” and argue that the U.S. government orchestrated the September 11 attacks? Why does Al Gore believe that cars pose “a mortal threat to the security of every nation”? Why does the Princeton professor known as the father of the animal rights movement object to humans eating animals but not to humans having sex with them—and why does PETA defend that position? In other words, why do smart people fall for stupid ideas? The answer, Daniel J. Flynn reveals in Intellectual Morons, is ideology. Flynn, the author of Why the Left Hates America, shows how people can be so blinded to reality by the causes they serve that they espouse bizarre, sometimes ridiculous, and often dangerous positions. The most influential social movements have spawned ideologues who do not care whether an idea is good or bad, true or false, but only whether it can serve their cause. It is startling how many Americans—and particularly how many media, academic, and political elites—fall for bad ideas. The trouble is, their lies become institutionalized as truth, and we all suffer as a result. In Intellectual Morons, Flynn reveals: •How rabid anti-Americans simply parrot the delusional claims of a few gurus •How the environmental movement, spawned by a “scientist” whose doomsday predictions are almost always wrong, has bred fanaticism, stupidity, and dishonesty •How the hero of the animal rights crowd is a crank who promotes infanticide and euthanasia •How a scientific fraud—and pervert—launched the sexual revolution •How abortion rights activists ignore (or cover up) the fact that their matron saint advocated eugenics and concentration camps •How our universities have become hothouses of leftist ideology •How historians and journalists have airbrushed history to turn a racial separatist into a civil rights icon Filled with jaw-dropping lapses in common sense from even our most celebrated opinion leaders, Intellectual Morons is a welcome reality check for the glaring excesses of today’s political and cultural debates. "This is a sophisticated pile driver of a book, guiding us through the wiles of great luminaries of the netherworld. And such liveliness in the writing, and such erudition. I was quite fascinated by Intellectual Morons."—William F. Buckley, Jr. "Intellectual Morons is exceptionally aptly named. The thought of all that brainpower going down the intellectual drain is sad, but Daniel Flynn's description of it is hilariously on point. This is must reading."—G. Gordon Liddy "Intellectual Morons is a delight—a wonderful intellectual history of the past hundred years. Flynn ably describes the purveyors of the bad ideas that have undermined our free society."—Burton W. Folsom, Jr., professor of history, Hillsdale College "A famous bit of folk wisdom says, 'You've got to stand for something or you'll fall for anything.' Some of the crackpot notions now fashionable in academic circles, as here documented by Daniel Flynn, suggest that saying is an understatement. If you want to know how crazy, and scairy, intellectual morons can get, you have to read this book."—M. Stanton Evans, author of The Theme Is Freedom, contributing editor to Human Events

The Legal Ideology of Removal

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Publisher : University of Georgia Press
ISBN 13 : 0820334170
Total Pages : 350 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Legal Ideology of Removal by : Tim Alan Garrison

Download or read book The Legal Ideology of Removal written by Tim Alan Garrison and published by University of Georgia Press. This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

Checking the Courts

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Publisher : State University of New York Press
ISBN 13 : 1438452896
Total Pages : 218 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Checking the Courts by : Kirk A. Randazzo

Download or read book Checking the Courts written by Kirk A. Randazzo and published by State University of New York Press. This book was released on 2014-07-31 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.

The Case Against the Supreme Court

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Author :
Publisher : Penguin Books
ISBN 13 : 0143128000
Total Pages : 402 pages
Book Rating : 4.1/5 (431 download)

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Book Synopsis The Case Against the Supreme Court by : Erwin Chemerinsky

Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.